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Bombay High Court Allows Revision of Examination Order in Civil Suit — Right to Begin Evidence Not Absolute. Order 18 Rule 1 CPC permits court to direct which party shall begin, but such order can be reconsidered if circumstances change or if earlier order was passed without hearing the other side.

The petitioners, original defendant nos.1, 2, and 3 in Regular Civil Suit No.273/2013, challenged the order dated 15.10.2018 passed by the Civil Judge...

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Bombay High Court Dismisses Appeal Against Refusal of Interim Injunction in Trademark 'Covishield' Passing Off Dispute. Cutis Biotech failed to establish prima facie case of passing off as the mark 'Covishield' is descriptive and not exclusively associated with the appellant.

The dispute concerns the trademark 'Covishield'. The appellant, Cutis Biotech, a sole proprietorship, filed a suit in the Commercial Court at Pune see...

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Bombay High Court Allows Video Game Parlour Licence Despite Parking Concerns, Emphasizes Reasonable Exercise of Police Powers Under Bombay Police Act, 1951. Commissioner's Refusal Based on Mere Apprehension Without Specific Evidence Held Arbitrary.

The petitioner, Jagdish N. Shetty, sole proprietor of M/s. Om Sai Video Game Parlour, applied for a licence under the Bombay Police Act, 1951 to opera...

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Bombay High Court Dismisses Builder's Appeal in Property Tax Assessment Dispute — Slum Rehabilitation Scheme Does Not Entitle Exemption from Property Tax Under Mumbai Municipal Corporation Act, 1888.

The appeal was filed by Akruti Nirman Pvt. Ltd. and its Managing Director, Shri Vyomesh M. Shah, challenging the order of the Additional Chief Judge o...

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Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Disability Assessed at 100% for Amputation of Leg. Amputation of Right Leg Above Knee Results in 100% Functional Disability for a Carpenter, Entitling Enhanced Compensation Under Motor Vehicles Act, 1988.

The appellant, a 38-year-old carpenter, sustained grievous injuries in a motor vehicle accident on 09.11.2004 when a jeep driven rashly and negligentl...

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Supreme Court Allows Landlord's Appeal in Eviction Case Under UP Urban Buildings Act, 1972. Prescribed Authority's finding of bona fide need and comparative hardship under Section 21(1)(a) reinstated as Appellate Authority's reversal lacked sufficient reasoning.

The appeal arose from a landlord-tenant dispute over a cinema building in Allahabad. The appellant, successor-in-interest to Murlidhar Aggarwal, sough...

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Bombay High Court Allows Workman to Avail Services of Legal Practitioner in Domestic Inquiry - Right to Representation Under Industrial Disputes Act. The court held that refusal to permit legal representation violates principles of natural justice.

The petitioner, Ajit Bhagwan Sawant, a workman employed by M/s. Parveen Industries Pvt. Ltd., was subjected to a domestic inquiry by the employer. The...

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Bombay High Court Allows Petition Challenging Cooperative Society Bye-Law Amendment for Lack of Quorum and Procedural Irregularities. Amendment to Bye-Law 24(c) restricting voting rights to one member per family set aside as resolution passed without requisite quorum and without proper notice.

The petitioners, Uday Dalal, Ajay Biyani, Rina Pritish Nandy, and Prachi Agarwal, are members of the Malboro House Coop. Housing Society Limited, a co...